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Billionaire investor Ron Burkle just lost the first round in a legal battle over publicly traded hotel chain Morgans Hotel Group.

A Chancery Delaware judge yesterday sent a deal Burkle recently hammered out with the hotel chain back to the drawing board, saying it was pushed through without proper “discussion and deliberation.”

The deal, announced in April, would have given Burkle control of the Delano South Beach hotel in Miami, along with other assets. In return, Burkle’s Yucaipa Cos. would forgive $113 million of debt and forfeit millions more in warrants and preferred stock.

The hotel chain’s largest shareholder, Jason Kalisman, who is a director on the board along with Burkle, opposed the transaction and sued to stop it.

Chancery Judge Travis Laster didn’t rule out the deal entirely. He said it could still go forward if it is vetted by the board and a special committee at a “properly noticed meeting,” according to his decision.

Morgans said it will reconsider the plan “in the coming days.”

Meanwhile, Kalisman was given the green light by the judge to move forward with his effort to revamp the board.

Kalisman, who owns 14 percent of the hotel company’s stock through his OTK Associates, said he will put forward seven nominees for the nine-member board in March, citing concerns about “self-serving transactions.”

His plans were thwarted, however, when Morgans announced the deal with Burkle and postponed the annual shareholder meeting.

Yesterday, the judge slammed the company’s move to delay the meeting as “selfish” and a potential “breach of fiduciary duty” and ordered the company to hold it within 30 days.